The intentional restoration or creation of forests undertaken
expressly for the purpose of providing credits for afforestation or
reforestation requirements with enhanced environmental benefits from
future activities.

An agreement, entered into by an individual owning a forest
mitigation bank and the Department, which commits
the mitigation banker to certain procedures and requirements when
creating and operating the forest mitigation bank.

A stream in which surface water is absent during a portion
of the year as shown on the most recent 7.5 minute topographic quadrangle
maps published by the United States Geological Survey or as confirmed
by field verification.

A project whose configuration is elongated with nearly parallel
sides and used to transport a utility product or public service not otherwise contained in an application for subdivision or site plan, such as electricity, gas, water,
sewer, communications, trains, and vehicles. Linear projects may transverse
fee simple properties through defined boundaries or through easement rights.

A unit of land, the boundaries of which have been established
as a result of a deed or previous subdivision of
a larger parcel, and which will not be the subject of further subdivision without an approved forest stand delineation
and forest conservation plan.

A signed, short-term management agreement associated with afforestation or reforestation plans required under this Chapter 18:2 and § 5-1605 of the Natural Resources Article, Annotated Code of Maryland.

Except in agricultural activity areas or linear
projects areas, the total area of a site, including
both forested and nonforested areas, to the nearest .1 acre reduced by that area where forest clearing is restricted by another
local ordinance or program;

In agricultural activity areas, the portion
of the total tract for which land use will be changed or will no longer be used for primarily agricultural
activities reduced by that area where forest clearing is restricted
by another local ordinance or program;

Net tract can also be interpreted as the portion
of the total tract for which land use will be changed, plus all the forested area within the total
tract area which is outside of the boundaries of the newly
proposed lot(s).

Inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and under normal
conditions does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, commonly known as “hydrophytic
vegetation”; and

Considered a nontidal wetland in accordance with the publication known as the "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands," published in
1987 and as may be amended and interpreted by the U.S. Environmental
Protection Agency.

A stream containing surface water throughout an average rainfall
year, as shown on the most recent 7.5 minute topographic quadrangle
maps (scale: 1 to 24,000) published by the United States Geological
Survey or as confirmed by field verification.

The creation of a biological community dominated
by trees and other woody plants containing at least 100 live trees
per acre with at least 50% of those trees having
the potential of attaining a two-inch or greater diameter measured
at 4.5 feet above the ground, within seven years; or

In general. The intent of the Queen Anne's County
Forest Conservation Program is to ensure that high-quality forested
areas are retained and appropriate areas afforested by requiring consideration
and protection of forest resources early in the design phase of development
projects located outside of the Chesapeake Bay Critical Area.

Required under state law. The regulations in this Chapter 18:2 have been developed for the purpose of implementing the Queen Anne's County Forest Conservation Program as required under Title 5, Subtitle 16, of the Natural Resources Article, Annotated Code of Maryland. The goal of the regulations is to minimize the overall loss of forested areas due to development activities that result in land use change.

A person applying for a major
or minor subdivision (other than an administrative
subdivision), major or minor site plan,
grading permit, or sediment control permit on a tract of land that is 40,000 square feet or greater in size;

A local government agency, including
a public utility or public works project, applying
for a major or minor subdivision, (other than an administrative subdivision), major or minor site
plan, grading permit, or sediment control permit on tracts of land 40,000 square feet or greater in size.

Agricultural activities, including the construction
of agricultural supportbuildings and other related structures using accepted best management practices, provided that if an activity results in the clearing of 40,000 square feet or more of forest within a one-year period a declaration of intent as provided in § 18:2-8 of this Chapter 18:2 and a sketch map of the property which shows the area to be cleared are required to be submitted. Agricultural activities do not include the construction of a dwelling or the building envelope associated with any newly constructed dwelling on a newly proposed lot.

The cutting or clearing of public utility rights-of-way for the construction of generating stations or overhead
transmission lines as provided in 54A and 54B of Article 78, Annotated
Code of Maryland, or for the modification of electric generating stations
as provided in 54-I of Article 78, Annotated Code of Maryland,[1] provided that:

Residential construction activity conducted on an
existing single lot of any size or a linear project not otherwise exempted from Subsection B(5), (6) or (7), provided that the activity does not result in:

An activity required for the purpose of constructing
a dwelling intended for the use and occupation of
the owner, a child, grandchild, stepchild, brother, sister, stepbrother,
stepsister, aunt, uncle, niece, or nephew of the owner, or a parent,
stepparent, or grandparent of the owner, provided that the activity:

Approval by Department of Natural Resources. The regulations in this Chapter 18:2 may be amended as required. All amendments to the regulations are subject to the approval of the Department
of Natural Resources.

The Department, either on its own
initiative or at the request of a third person, may
develop amendments to the regulations. A proposed amendment shall be submitted by the Department to the Planning Commission for its review at its
regularly scheduled monthly public meeting.

The Planning Commission shall develop
a recommendation on the amendment. The Planning
Commission shall recommend approval only if the amendment complies with the intent of the state forest conservation laws,
Title 5, Subtitle 16, of the Natural Resources Article, Annotated
Code of Maryland.

Upon approval by the Forestry Division of the Department
of Natural Resources, the amendment shall be submitted
to the County Commissioners for adoption. The proposed amendment shall be advertised in accordance with the current
procedures for amendments to Chapter 18:1 of this Chapter 18. The County Commissioners shall provide
concerned persons an opportunity to make comments
on the amendment at a regularly scheduled public
meeting. If additional changes to the Department of Natural Resources
approved amendment are requested by the County
Commissioners, those changes must also be approved by the
Department of Natural Resources prior to adoption.

Forest conservation plan. Unless exempt under § 18:2-4B of this Chapter 18:2, a person that makes an application
for subdivision, site plan, a grading
permit, or a sediment control permit for a tract of
land of 40,000 square feet or more shall:

Submit to the Department a forest
stand delineation (FSD) and a forest conservation plan (FCP), as provided
in the Forest Conservation Technical Manual, for the lot or parcel on which the development is located; and

Contents of statement for commercial logging and agricultural
activities. The declaration of intent shall stipulate that the clearing
of forest is exclusively related to exempted agricultural or commercial
logging and timber harvesting activities and that any future activity
on the site within five years that is not related
to exempted agriculture or commercial logging and timber harvesting activities shall be conducted in full compliance with the provisions of this Chapter 18:2.

Contents of statement for intrafamily transfer. The
declaration of intent shall stipulate that the intrafamily transfer
is for the express purpose of constructing a dwelling for the use and occupation of the owner, a child or a grandchild,
stepchild, brother, sister, stepbrother, stepsister, aunt, uncle,
niece, or nephew of the owner, or a parent, stepparent, or grandparent
of the owner and shall identify that specific relationship between
current owner and future owner of the newly created lot. The declaration shall also stipulate that no more than 40,000 square feet of forest will be cut, cleared, or graded and that any and all activity occurring on site will be conducted in accordance with Chapter 18:1.

Enforcement. Failure to file a declaration of intent or violation of the terms of the declaration of intent may result in enforcement actions and penalties as provided in § 18:2-24 of this Chapter 18:2.

In general. A forest stand delineation (FSD) shall be submitted according to the schedule set forth in the Forest Conservation Technical Manual for all regulated activities that are not exempt under § 18:2-4B of this Chapter 18:2.

A standard FSD shall be submitted prior to or during
the initial stages of subdivisionor site
plan, before a grading permit application or before a sediment
control application is approved for the tract being
developed as scheduled in the Forest Conservation Technical Manual
in order to determine the most suitable and practical areas for forest
conservation.

Simplified FSD. A simplified FSD may be submitted
for projects not otherwise exempt when no forest currently exists
on site or when no forest cover will be disturbed during a construction
activity and is designated to be under a long-term protective agreement.
The simplified FSD shall contain the information required by the Forest
Conservation Technical Manual and any other information the Department determines is necessary to implement this Chapter 18:2. A simplified FSD may be submitted with a forest conservation plan and both may be placed on a single plat page, when appropriate.

The Department may require further
information or extend the deadline for an additional 15 calendar days
under extenuating circumstances, in which case the Department shall notify the applicant at least five days prior
to the end of the thirty-day deadline.

If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with §§ 18:2-12 through 18:2-14 of this Chapter 18:2; and

If the applicant proposes to make
a fee-in-lieu payment into the Local Conservation Fund or to purchase
credits from a forest mitigation bank, the applicant shall demonstrate to the satisfaction of the Department that the requirements for afforestation or reforestation on site
or off site cannot be reasonably accomplished. Fee-in-lieu payment
into the Local Conservation Fund or the purchase of credits from a
forest mitigation bank may be used in very limited instances, to be
determined by the Planning Director on a case-by-case basis in accordance with § 18:2-15 of this Chapter 18:2.

Wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated
as nontidal wetlands under Title 5, Subtitle 9, of
the Environment Article, Annotated Code of Maryland and COMAR 08.05.04
is subject to the nontidal wetlands regulatory requirements, the requirements of this Chapter 18:2, and conditioned on the following:

The Department may require
further information or extend the deadline for an additional 15 calendar
days under extenuating circumstances, in which case the Department shall notify the applicant of the necessary extension
at least five days prior to the end of the forty-five-day deadline.

The following specific areas are considered
priority protection areas and shall be left in an undisturbed condition
unless the applicant has demonstrated to the satisfaction
of the Department that reasonable efforts have been
made to protect the areas and the forest conservation plan for that
regulated activity cannot be reasonably altered.

When cutting into forest cover that is currently below the afforestation percentages described in Subsection A of this section, the applicant shall comply with the requirements
set forth in this subsection.

Forest cut or cleared below the required afforestation
level shall be reforested or afforested at a two to one ratio and
added to the amount of afforestation necessary to reach the minimum
required afforestation level, as determined by the amount of forest
existing before cutting or clearing began.

After reasonable efforts to minimize the cutting or
clearing of trees and other woody plants have been exhausted in the
development of a subdivision plan, site plan, grading and sediment control activities, and implementation of
the FCP, the FCP shall provide for:

Payment into the Local Conservation Fund in accordance with § 18:2-15 of this Chapter 18:2 or payment into an established, local forest mitigation bank in accordance with § 18:2-16 of this Chapter 18:2.

For all existing forest cover measured to the nearest
1/10 acre that is cleared on the net tract
area above the applicable forest conservation threshold,
the area of forest removed shall be reforested at a ratio of 1/4 acre planted for each acre removed.

Each acre of forest retained on the net tract area above the applicable forest conservation
threshold shall be credited towards the total number of acres required to be reforested under Subsection B(1). The calculation of the credit shall be made in accordance with the criteria provided in the Forest Conservation Technical Manual.

For all existing forest cover measured to the nearest
1/10 acre that is cleared on the net tract
area below the applicable forest conservation threshold,
the area of forest removed shall be reforested at a ratio of two acres planted for each acre removed below
the threshold.

For reforestation only, landscaping of areas under
an approved landscaping plan that establishes a community dominated
by trees and other woody plants that is at least 35 feet wide and
covers 2,500 square feet or more of area;

A person required to conduct afforestation or reforestation under this Chapter 18:2 shall accomplish the afforestation or reforestation within one year or two growing seasons, whichever is a greater time period, following:

Where subdivision plans are recorded in sections, a schedule shall be agreed upon if all afforestation or reforestation cannot be accomplished at the time of recordation of the first section. The schedule may involve a prorated amount of reforestation or afforestation in accordance with the time limits specified in Subsection D(1) based on the acreage of the section recorded.

If a person subject to the regulations in this Chapter 18:2 demonstrates to the satisfaction of the Planning Director that requirements for afforestation or
reforestation on site or off site (including payment into a forest
mitigation bank) cannot be reasonably accomplished, the person shall contribute a payment into the Local Conservation Fund in lieu
of the afforestation or reforestation.

Timing of afforestation or reforestation. The County shall accomplish the afforestation or reforestation
for which a payment is contributed into the Local Conservation Fund
within two years or three growing seasons, whichever is the greater
time period, after receipt of the payment.

If, after approval of the subdivision or project plan or the receipt of a grading permit or sediment control
permit, the applicant proposes off-site or on-site
mitigation and has already made payment for fee-in-lieu, the fee-in-lieu
payment may be refunded up to six months after is has been received.
After six months, a request for refund is not permitted unless the
funds remain unused for a period of two years or three growing seasons,
whichever is the greater time period.

If the afforestation or reforestation cannot be reasonably
accomplished in the county and watershed in which the project is located,
then the reforestation or afforestation shall occur in the county
or watershed in the state in which the project is located.

If a person subject to this Chapter 18:2 demonstrates to the satisfaction of the Department that requirements for reforestation or afforestation on site or
off site cannot be reasonably accomplished, the person may contribute credits from an available and approved forest mitigation
bank within Queen Anne's County. A credit is required for each 1/10 acre of an area of required planting.

Be protected by an easement, deed restrictions, or covenants which require
the land in the bank to remain forested in perpetuity and are enforceable
by the Department and the Department of Natural Resources.

Limit the use of the land in the bank to those
activities which are not inconsistent with forest conservation, such
as recreational activities, forest management under a forest conservation
and management program under Tax-Property Article, § 8-211,
Annotated Code of Maryland, or activities specified in a forest management
plan prepared by a licensed forester and approved by the Department.[1]

Banks shall be a mix of native plant materials for
afforestation or reforestation. As much as possible, plant material
shall be nursery or transplanted stock that has a caliper greater than 1 1/2 inches. Monocultures are
not permitted; and

Trees shall be planted that establish or enhance forested
buffers adjacent to intermittent streams, establishing a buffer width
of no less than 50 feet or adjacent to perennial streams, establishing
a buffer width of no less than 100 feet; or

The bank shall establish or increase existing forested
corridors, which, where practical, should be a minimum of 300 feet
in width to facilitate wildlife movement and to connect existing forests
within or adjacent to the site; or

Be protected by an easement, deed restrictions, or covenants which require
the land in the bank to remain forested in perpetuity and are enforceable
by the Department and the Department of Natural Resources.

Limit the use of the land in the bank to those
activities which are not inconsistent with forest conservation, such
as recreational activities, forest management under a forest conservation
and management program under Tax-Property Article, § 8-211,
Annotated Code of Maryland, or activities specified in a forest management
plan prepared by a licensed forester and approved by the Department.

The bank shall be located in an area that will enhance
forested buffers adjacent to intermittent streams, establishing a
buffer width of no less than 50 feet or adjacent to perennial streams,
establishing a buffer width of no less than 100 feet; or

The bank shall be located in existing forested corridors
which, where possible, should be a minimum of 300 feet in width to
facilitate wildlife movement and to connect existing forests within
or adjacent to the site; or

For banks being created on vacant land, a detailed
afforestation or reforestation plan shall be submitted, which shall
include a timetable and description of the site and
soil preparation needed, species, size, and spacing to be utilized.
This plan must be prepared by a licensed Maryland forester, a licensed
landscape architect, or a qualified professional who meets the requirements
stated in COMAR 08.19.06.01A.

A title report or other assurances that the
property is not encumbered by any covenants or other
types of restrictions which would impair the property's use as a forest
mitigation bank and there is legally sufficient access to the forest
mitigation bank site which can be used by the Department and its assignees to inspect the forest mitigation
bank.

A description of the system to be used by the person owning and operating the forest mitigation bank to
identify and keep track of which portions of the bank have been debited
to meet an applicant's off-site afforestation and
reforestation requirements.

An acknowledgement that the bank may not debit any
portion of the afforested or reforested land until two years of successful
growth has been achieved (confirmed by the Department) unless the banker has planted 25% more area than the area of the
debited tract and posted a bond or alternate form
of security.

General requirements. Tree species used for afforestation
or reforestation shall be native to the County, when
appropriate, and selected from a list of approved species established
by the Department or as approved by the Planning
Director.

Exceptions. This section does not in any way prohibit
the use of nonnative species for ornamental and landscaping purposes
when the nonnative plantings are in addition to the required reforestation
or afforestation. The Department may prohibit the
use of species identified as invasive and/or exotic and listed in
the Forest Conservation Technical Manual.

A person, other than a federal, state,
or Countyagency, required under this Chapter 18:2 to conduct afforestation or reforestation or to contribute to the Local Conservation Fund shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Department and as set forth in §§ 18:1-193 through 18:1-202 of this Chapter 18.

If the plantings associated with the afforestation or reforestation meet or exceed the standards of this Chapter 18:2 and the Forest Conservation Technical Manual, the amount of the cash bond, letter of credit, surety bond, or other security shall be returned or released.

Long-term protective agreements are legally binding
devices in effect at all times that will ensure those areas retained,
afforested, and/or reforested are limited to uses that are consistent with forest conservation.

Long-term protective agreements associated with
a subdivision or site plan shall
only permit the harvesting of the protected existing or proposed forest
which is protected under the agreement as outlined in a timber harvest
plan which has been prepared by a licensed, professional forester
and approved by a Department of Natural Resources Forester and/or
the County Forestry Board, as appropriate.[1]

Protective devices. The County has
adopted standards for the protection of trees from construction activity.
These devices and procedures are defined and described in the Forest
Conservation Technical Manual.

General requirements. Before cutting, clearing, grading,
or construction begins on a site for which a forest
conservation plan is required and prior to the issuance of any grading
permit or sediment and erosion control permit, the applicant shall demonstrate to the Department that protective
devices have been established.

When available. A person may request
an administrative variance from the regulations in this Chapter 18:2 if the person demonstrates that
enforcement would result in practical difficulty or unwarranted hardship.

An appeal of the Department's decision shall be filed with the Board of Appeals within 30 days
after the signing of the Department's decision. The appeals process and requirements shall conform to the requirements set forth in Chapter 18:1, Part 7, of this Chapter 18.

Notice of a request for an administrative variance or of an appeal shall be given
to the Department of Natural Resources within 15
days of receipt of a request for an administrative variance or appeal.

Authority of Department of Natural Resources. The
Department of Natural Resources has the right and authority to initiate
or intervene in an administrative, judicial, or other original proceeding
or appeal brought in the state concerning an approval
or an appeal of an administrative variance under this Section.

Timber harvest plan; general requirements. Any commercial
timber harvesting activity involving more than one acre of forest in a one-year period shall submit a timber harvest plan
before the cutting begins.

The proposed commercial harvest shall be outlined
in a timber harvest plan that has been prepared by a licensed professional
forester and approved by a Department of Natural Resources Forester
and/or the County Forestry Board, as appropriate.

A person found to be in noncompliance with the regulations set forth in this Chapter 18:2, a forest conservation plan, protective agreement associated with a forest conservation plan, or a two-year maintenance agreement shall be assessed by the Department a penalty of $0.50 per square foot of the area
found to be in noncompliance.

Money collected under Subsection A(1)(a) shall be deposited into the Local Conservation Fund for purposes related to implementing this Chapter 18:2. Money collected for noncompliance may not be returned to the violator.

In addition to the penalties specified in Subsection A(1), a person who violates a provision of this Chapter 18:2 or an administrative order adopted or issued under this Chapter 18:2 is liable for a penalty not to exceed $1,000, which may be recovered in a civil action brought by the Department.

If a person violates a provision of this Chapter 18:2, an administrative order, an approved forest conservation plan, or a maintenance agreement, the Department may, subject to Subsection B(2) through (4):

Statutory remedies. The provisions of these regulations
may not be construed to limit or affect the authority of the Department to proceed against violators under § 5-1612
of the Natural Resources Article, Annotated Code of Maryland.